The court saw the systematic violations of Law No. 44-FL and did not return the security for the third application to the participant
The limited liability company submitted applications for participation in three procurements during the quarter. They were rejected based on the same standard. The provision for the third application was transferred to the budget.
The company went to court to recover unjust enrichment. Three authorities refused him:
• one of the conditions for applying such a financial sanction is the systematic nature of violations. When assessing it, the nature of the offenses, their similarity, etc. are taken into account;
• during the quarter, the company submitted applications for participation in three procurements from different customers with a significant time gap between submissions. The violations were independent, not similar. This means that there is systematicity in the actions of society;
• this measure of responsibility is needed to encourage participants to properly comply with Law No. 44-FL. The company decided to participate in the procurement, which means it had to be aware of the risks and consequences.
Document: Resolution of the Central District Court of June 11, 2024 in case No. A54-5587/2023.
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